Wisconsin does not have a “Stand Your Ground” law. Unlike many other states, Wisconsin law does not explicitly eliminate the duty to retreat in public places before using deadly force in self-defense. Instead, Wisconsin relies on traditional self-defense principles and the “Castle Doctrine” for specific situations.
Duty to Retreat in Public
- In public spaces, there is no statutory stand your ground protection. If you are threatened in public, your ability to safely retreat from the situation is often considered by police, prosecutors, and juries when determining whether your use of force was necessary and justified.
- Juries may consider whether you could have safely avoided using deadly force by retreating before resorting to violence.
The Castle Doctrine: Exception for Home, Vehicle, or Business
- Castle Doctrine: Wisconsin law provides strong protections for people defending themselves inside their own home, vehicle, or business. In these locations, you have no duty to retreat if someone unlawfully and forcibly enters, and you are presumed to have acted reasonably if you use force (including deadly force) to protect yourself or others.
- This presumption does not apply if:
- The person entering is a public safety officer performing official duties and you should have known that.
- You are engaged in criminal activity at the time.
- The intruder is lawfully present (e.g., an invited guest or tenant).
Table: Wisconsin Self-Defense Laws
| Location | Duty to Retreat? | Use of Deadly Force Permitted? |
|---|---|---|
| Public Places | Yes, if safe to do so | Only if necessary and retreat not possible |
| Home/Vehicle/Business | No (Castle Doctrine applies) | Presumed reasonable if forcibly entered |
Key Points
- No Stand Your Ground law: In public, you should retreat if it is safe to do so before using deadly force.
- Castle Doctrine: In your home, vehicle, or business, you can “stand your ground” and use force against intruders without a duty to retreat.
- Jury Consideration: In public, a jury may consider your failure to retreat when deciding if your use of force was justified.
- Legal Consequences: Misunderstanding these laws can lead to criminal charges or civil liability.
Wisconsin does not have a Stand Your Ground law for public spaces, but it does have a robust Castle Doctrine for self-defense in your home, vehicle, or business. Always consider retreating in public if it is safe, as your actions will be scrutinized under Wisconsin’s self-defense statutes.
Sources
[1] https://docs.legis.wisconsin.gov/document/statutes/939.48
[2] https://mehloslaw.com/criminal-defense/self-defense/
[3] https://www.thesingletonlawfirm.com/blog/does-wisconsin-have-a-stand-your-ground-law/
[4] https://eisenberglaw.org/self-defense-laws-in-wisconsin-common-self-defense-tactics/
[5] https://en.wikipedia.org/wiki/Stand-your-ground_law